Citation Nr: A21017698
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 211018-192446
DATE: November 2, 2021

REMANDED

Entitlement to survivor's pension benefits, to include special monthly pension, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1952 to March 1954.  He died in February 1986.  The Appellant is his surviving spouse.

The decision on appeal was issued in December 2020 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  In the October 2021 VA Form 10182, Decision Review Request: Board Appeal, the Appellant elected the Direct Review docket.  Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal.  38 C.F.R. § 20.301.

Entitlement to survivor's pension benefits, to include special monthly pension, is remanded.

The Appellant contends that she is entitled to survivor's pension benefits, to include special monthly pension. 

In a December 2020 decision, VA denied the Appellant's claim on the basis of excessive net worth, without reaching the question of whether the Appellant was entitled to special monthly pension. 

On review of the record, the Board observes that numerous documents associated with the claims file belong to another veteran/surviving spouse, including copies of account statements from F.T. Bank, B.H. Bank, and P. Bank. 

It appears that the VA relied on these misfiled records in its December 2020 rating decision.  Specifically, VA cited to the account balances at F.T. Bank, B.H. Bank, and P. Bank when denying the Appellant's pension benefits on the basis of excessive net worth.  

The undersigned has taken steps to remove these misfiled documents from this Veteran/Appellant's claims file.  

However, VA's reliance on misfiled records resulted in a finding that the Appellant's net worth was excessive for VA pension purposes.  Additionally, because of this finding, VA did not make a determination on whether the Appellant is entitled to special monthly pension. 

The failure to ensure an accurate and complete record is a pre-decisional duty to assist error that must be corrected on remand. 

The matter is REMANDED for the following actions:

1. Review the claims file to ensure that it is accurate and complete.  Inform the Appellant of any additional evidence needed to support her claim for survivor's pension benefits, including special monthly pension.  

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2. After completion of the above, readjudicate the Appellant's claim for survivor's pension benefits, including special monthly pension.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Owen, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.